Abstract

Using the URL or DOI link below will
ensure access to this page indefinitely

Based on your IP address, your paper is being delivered by:

New York, USA

Processing request.

Illinois, USA

Processing request.

Brussels, Belgium

Processing request.

Seoul, Korea

Processing request.

California, USA

Processing request.

If you have any problems downloading this paper,please click on another Download Location above, or view our FAQFile name: SSRN-id2042108. ; Size: 650K

You will receive a perfect bound, 8.5 x 11 inch, black and white printed copy of this PDF document with a glossy color cover. Currently shipping to U.S. addresses only. Your order will ship within 3 business days. For more details, view our FAQ.

Quantity:Total Price = $9.99 plus shipping (U.S. Only)

If you have any problems with this purchase, please contact us for assistance by email: Support@SSRN.com or by phone: 877-SSRNHelp (877 777 6435) in the United States, or +1 585 442 8170 outside of the United States. We are open Monday through Friday between the hours of 8:30AM and 6:00PM, United States Eastern.

To Be or Not to Be (a Parent)? – Not Precisely the Question; The Frozen Embryo Dispute

Modern medicine offers us a variety of fertility treatments. One of the results is that in the United States alone there are a more than 400,000 frozen embryos and another 10,000 frozen embryos are frozen each year. Since the rate of divorce in the United States increases exponentially, one can easily imagine how many frozen embryos may become the subject of litigation. Indeed a lot of attention is devoted to this sort of dispute by the media, the law and by people considering the ethical aspects. This is because this kind of dispute forces us to reassess many complex matters starting with the appropriate balance between the legal right to become a parent and the legal right not to be forced to become a parent. In this research we will try to present for reassessment the legal dispute as dichotomy and binary as if we have to choose between two options, either full legal parentage or no legal parentage. We will prove that the establishment of legal parentage is primarily by agreement due to the intention, wish and agreement which led to the birth of a child. In our opinion, the extent of parental status to be given to the legal parent depends upon the extent of the responsibility, which he is willing to undertake. If he accepts all the parental duties, his status will be that of a full parenthood, but if he does not want to undertake all the parental duties, he will not receive any parental right, but simply the status of non-parenthood. This approach used in the case of adoption was also applied in legal practice in many states of the United States and in the world, whereby the donor of gamete, semen and ova, or even frozen embryo receives the status of non-parenthood. In this research we will endeavor to examine the value and efficiency of offering an additional legal option which may be a possible compromise in the case of the bitter quarrels with regard to frozen embryos - granting the non-parenthood status to the spouse who objects to the continued fertility treatments and to becoming a parent against his will.